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I am in the middle of my green card process but are still exempt from paying SSN and medicare. How to file?

My W2 doesn't deduct medicare or SSN as I am exempt due to my current immigration status. Although, when I file online the system thinks I didn't pay them, therefore I don't have a refund but I owe money. How do I adjust that in my profile?

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3 Replies
KarenJ
Intuit Alumni

I am in the middle of my green card process but are still exempt from paying SSN and medicare. How to file?

Are you an international student that has been here less than 5  years or part years?

I am in the middle of my green card process but are still exempt from paying SSN and medicare. How to file?

Thanks for the response. I was an international student but I graduated in 2017 and have been in the US for 5+ years. I'm in the process of obtaining a marriage base green card. Due to my status, I am exempt of SSN and Medicare until I obtain my green card. I didn't receive it during 2018, therefore I am exempt for that year.
KarenJ
Intuit Alumni

I am in the middle of my green card process but are still exempt from paying SSN and medicare. How to file?

From the information on the IRS website, once you were no longer a nonresident (after 5 years or part years) , you became a resident on that visa and became responsible for Social Security and Medicare.

The IRS has published regulations which stipulate that aliens who arrive in the United States on F,J,M, or Q visas will be assumed to be "NONRESIDENT ALIENS," but only to the extent that the assumption is consistent with the residency rules of IRC section 7701(b). Since the social security/Medicare tax exemption for foreign students, scholars, teachers, researchers, and trainees under the Internal Revenue Code requires that the payee be a "NONRESIDENT ALIEN", then the social security/Medicare tax exemption ceases to exist at the point the payee becomes a " RESIDENT ALIEN " under the residency rules of IRC section 7701(b).

https://www.irs.gov/individuals/international-taxpayers/foreign-student-liability-for-social-securit...



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